Sociology professor has not filed notice to sue, or any lawsuit

By Sarah Kuta, Camera Staff Writer

Posted:
01/21/2014 07:44:39 PM MST

Updated:
02/11/2014 11:51:13 AM MST

University of Colorado professor Patti Adler is seen outside her Boulder home on Jan. 8. CU officials have instructed campus employees not to discuss the Adler case and to preserve any documents that could be needed to defend against a lawsuit. (Paul Aiken / Daily Camera file photo)

The University of Colorado is preparing for a potential lawsuit from sociology professor Patti Adler by instructing employees to preserve documents and refrain from discussing the issue with anyone — including Adler herself, according to a memo obtained by the Daily Camera.

The memorandum was emailed Jan. 14 to people who may have "paper documents, electronically stored information or other records that need to be preserved." The recipient field of the email was blank, except for the name of Sara Missel, who also sent the email.

Missel identifies herself in the memo as the senior paralegal in the Office of University Counsel, and writes that she is working with John Sleeman, managing senior university counsel.

"My office received notice that the university may become involved in litigation or is already involved in litigation in connection with the recent controversy over the 'Deviance in U.S. Society' course taught by Dr. Adler," the memo says. "The university and its employees are now required to preserve paper documents, electronically stored information or other records that may be relevant to this matter."

The memo goes on to say that the matter is "highly confidential."

"Do not discuss this matter with anyone, including Dr. Adler, outside the presence of University Counsel or the risk management review process," the memo says. "Failure to keep this information confidential may result in a waiver of the attorney/client privilege."

CU spokesman Bronson Hilliard said because Adler has retained an attorney and publicly stated that she is considering legal action, the university has begun preserving information in the event of a lawsuit.

"Under those circumstances, when CU communicates with its employees, CU is not 'gearing up' for litigation, but is simply complying with clear legal requirements," Hilliard wrote in an email. "All businesses and governmental entities have a duty to preserve information once they become aware of potential lawsuits, even if a lawsuit hasn't been filed."

The memo sent out by CU's legal team asks its recipients to preserve all documents related to the Adler matter by creating electronic folders for emails and other documents. The memo asks recipients not to destroy or alter any documents related to the matter.

The memo also contains a "legal hold data survey," which asks recipients about where "relevant" data may be stored. Locations include university email, personal email, voice mail, computers and more.

Adler, however, said the memo is more of a "gag order" than anything else, noting that it has caused everyone in the sociology department to stop talking to her.

"I have neither filed a governmental immunity notice informing them of my intent to sue, nor have I filed a lawsuit," Adler wrote in an email. "Therefore their gag order seems intended to intimidate my colleagues, who at one time stood strong in my support, into distancing themselves from me and to create a further hostile working environment for me."

Adler would not comment further about any future plans to sue the university.

In past interviews, Adler has said that she didn't know if she had the stomach for a lawsuit, which would be expensive and emotionally taxing on her family.

The controversy around Adler's course began when the professor said she was investigated by the Office of Discrimination and Harassment last semester for one of her lectures on prostitution, which is taught with a skit. She said she was then told she could retire immediately, or return to campus and not teach her course on deviance.

Ultimately, the university allowed Adler to return and teach the course this spring. Adler announced last week to students in her "Deviance" course that she would teach through May and then retire.

Hilliard said CU is required to reach out to employees who might possess relevant information and ask them not to delete any documents. Not doing so might result in sanctions against CU if Adler filed suit in the future, he said.

"Our contention is that CU's compliance with its legal obligations and efforts to protect confidential communications do not create a hostile environment," Hilliard said.

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